SC says no need to collect quantifiable data of backwardness for SC/ST reservation in promotions

The Supreme Court on Wednesday refused to reconsider a 2006 judgement which had put conditions for granting quota benefits in job promotions for SC/ST employees.

Pronouncing the verdict, a five-judge constitution bench headed by Chief Justice Dipak Misra said that its 2006 verdict in the M Nagraj case need not be referred to a 7-judge bench.

Setting aside a laid down in 2006 decision in M Nagaraj case, the Supreme Court said there is no need to collect data on SC/ST in reservation in promotion in government services.The bench, also comprising Justices Kurian Joseph, RF Nariman, SK Kaul and Indu Malhotra, had reserved its verdict on August 30 after hearing various stakeholders, including the Centre, on the matter.

In its verdict, the bench said that the Nagraj verdict stands the backwardness test.

A five-judge constitution bench, in its 2006 verdict in the M Nagraj case, had said the states are bound to provide quantifiable data on the backwardness of Scheduled Castes (SC) and Scheduled Tribes (ST), the facts about their inadequate representation in government jobs and the overall administrative efficiency, before providing quota in promotions to members of these communities.

The Centre and various state governments have also sought reconsideration of this verdict on various grounds, including that the members of the SC and ST communities are presumed to be backward and considering their stigma of caste, they should be given reservation even in job promotions.

The Centre has alleged that the verdict in the M Nagraj case had put unnecessary conditions in granting quota benefits to the SC and ST employees and sought its reconsideration by a larger bench.